Order The petitioner in this case was the accused in C.Case No. 1826 of 1967 in the Court of the Judicial Magistrate, First Class, II Court, Bijapur. The offences which has been alleged against him were those punishable under section 186 and section 504 of the Indian Penal Code. On the date which had been fixed for hearing, the Pleader for the accused filed an application (dated 25th August, 1967), taking an objection on the ground that as there was no complaint but only a police report, the Court could not take cognizance of the offence under section 186, Indian Penal Code in view of the provisions contained in section 195(1)(a) of the Code of Criminal Procedure. The learned Magistrate dismissed this application of the accused. A revision petition (Criminal Revision Petition No. 28 of 1967), filed against the said order and which was heard by the Additional Sessions Judge, Bijapur, was also dismissed. Hence the present revision petition before this Court. I have heard Sri K.A. Swami, the learned Advocate for the Petitioner and Sri G. Dayanand, learned Advocate for the State Public Prosecutor. Both the Courts below appear to have proceeded on the basis that there was a complaint, though what was before them, as can be seen from the records in the case, was a charge-sheet which had been placed by the Police Sub-Inspector, Gandhi Chowk, Bijapur. The allegations against the accused, briefly stated were, that on 6th August, 1967 at about 10-15 p.m. he offered obstruction to a police constable by name Chandkhan Martujakhan, in the course of the discharge of his duties and had also used insulting and abusive language towards the said police constable. The fact that there is only a charge-sheet, and not a complaint by the said Police Constable to whom obstruction had been offered, is a very material circumstance. The fact that there is only a charge-sheet, and not a complaint by the said Police Constable to whom obstruction had been offered, is a very material circumstance. section 195(1) (a) of the Cade of Criminal Procedure is as follows: “No Court shall take cognizance of any offence punishable under sections 172 to 188 of the Indian Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate……” Having regard to the language of the above provision, it is clear that in respect of the alleged offence under section 186 of the Indian Penal Code the Magistrate could not take cognizance of the same, unless there was a complaint in writing of the Police Constable or a complaint of some other public servant to whom the said Police Constable is subordinate. The definition of “complaint” as found in section 4(1) (h) is as fellows: “Complaint” means the allegation made orally or in writing to a Magistrate, with a view to his taking action, under this Code, that some person, whether known or unknown, has committed an offence, but it does not include the report of a police officer”. This definition excludes the report of a Police Officer from a “complaint”. To my mind, it appears that this distinction which has been made by the statute between a complaint and the “report” of a police officer must be maintained and ought not to be mixed up with each other. In a decision of the Rajas than High Court reported in Nathuram Atmaram v. State1, it has been pointed out by Chief Justice Wanchoo, that the words “complaint in writing” appearing in section 195(1) (a) of the Criminal Procedure Code refers to a formal complaint as defined in section 4(1)(h). In a decision of the former High Court of Mysore in B.N. Subba Rao v. State of Mysore2, it has been held that in respect of an offence punishable under section 182 of the Indian Penal Code a charge-sheet submitted by the Police cannot be held to be a complaint for the purposes of section 195(1)(a) of the Criminal Procedure Code. Thus, if there has been no complaint in writing, no cognizance can be taken of any offence punishable under sections 172 to 188 of the Indian Penal Code. Mr. Thus, if there has been no complaint in writing, no cognizance can be taken of any offence punishable under sections 172 to 188 of the Indian Penal Code. Mr. Dayanand sought to contend that in the present case the charge being one in respect of non-cognizable offences, it could be treated as a complaint. There are two impediments to this contention being accepted. Firstly, the charge-sheet is not in the writing of the Police Constable in respect of whom the alleged offence under section 186 was committed. It is not signed by him; therefore, it cannot be treated as a complaint in writing by the public servant concerned. Secondly, the Police Sub-Inspector has signed this charge-sheet in his capacity as Police Sub-Inspector, Gandhi Chowk, Bijapur. There is nothing in the charge-sheet to indicate that the said Police Sub-Inspector purported to act as the official superior of the Police Constable concerned, and was making a complaint in writing on behalf of the subordinate official, namely, the Police constable concerned. In these circumstances, the charge-sheet, though it is in respect of non-cognizable offences, cannot be treated as a complaint in writing, for the purposes of section 195(1) (a) of the Criminal Procedure Code. For the reasons aforesaid, it was not open to the Magistrate to have taken cognizance of the alleged offence under section 186 of the Indian Penal Code. Though the alleged offence under section 504 of the Indian Penal Code may have been part of the same transaction, that is a distinct offence. From what has been stated by the Supreme Court in a decision reported in Durga Charan v. State of Orissa1 it is clear that there is no legal impediment to the accused being proceeded against, for the alleged offence under section 504 of the Indian Penal Code in spite of the Magistrate being barred from taking cognizance of the alleged offence under section 186 of the Indian Penal Code. In the result, this Revision Petition is allowed only in so far as the alleged offence under section 186 of the Indian Penal Code is concerned and it is ordered that the Magistrate shall not take cognizance of the alleged offence under section 186 of the Indian Penal Code, but he may proceed in accordance with law, so far as the alleged offence under section 504 of the Indian Penal Code is concerned. S.V.S.-----Petition allowed.